,CMY3704 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE August 2025
MULTIPLE CHOICE,ASSURED EXCELLENCE
Thabo Mokoena, a 34-year-old man from Soweto, was
convicted in the Johannesburg Regional Court in February 2024
on three counts of armed robbery, one count of possession of
an unlicensed firearm, and one count of assault with intent to
do grievous bodily harm. The incidents occurred over a six-
month period in 2023, during which Mokoena and two
accomplices targeted small spaza shops in the area. Surveillance
footage showed Mokoena brandishing a firearm and physically
assaulting one shop owner who tried to resist. Mokoena has a
criminal record: he was previously convicted in 2017 for
housebreaking and theft, for which he received a three-year
suspended sentence. That sentence was later activated when
he was found guilty of possession of stolen property in 2019,
resulting in 18 months of imprisonment. He was released in
2020. During the trial, the court heard that Mokoena grew up in
a high-crime area, dropped out of school in Grade 9, and has
been unemployed since his release from prison. A probation
officer’s report indicated that Mokoena has expressed remorse
and is willing to participate in rehabilitation programmes. He
currently lives with his elderly mother and two young children,
whom he supports intermittently. The prosecution argued for a
minimum sentence of 15 years’ imprisonment in line with the
, Criminal Law (Sentencing) Amendment Act, as the crimes
involved the use of a firearm. The defence pleaded for leniency,
suggesting periodic imprisonment or correctional supervision,
citing Mokoena’s willingness to reform and the potential
negative impact of long-term imprisonment on his family.
CMY3704/2025 4 The presiding judge sentenced Mokoena to a
total of 18 years’ imprisonment, with sentences running
consecutively. No form of suspension or periodic imprisonment
was granted. The judge cited the seriousness of the offences,
the use of a firearm, and Mokoena’s prior record as justifying
the harsh sentence. Recent Context: Overcrowding and Public
Debate This case comes amid growing public concern over
prison overcrowding in South Africa. According to the
Department of Correctional Services (2023), South African
prisons operate at 132% of their capacity. In 2020, during the
peak of the COVID-19 pandemic, over 19,000 inmates were
released on special parole to reduce the spread of the virus in
overcrowded facilities (News24, 2020). This sparked national
debate on the effectiveness and necessity of mass
imprisonment. More recently, the case of Nkepile Mabuse, a
first-time offender sentenced to five years for fraud involving
R450,000 from her employer, also drew public attention. The
sentence was criticised as excessive, with many arguing that
correctional supervision or community service would have been
more appropriate, especially given her lack of prior record and
Semester 2 2025 - DUE August 2025
MULTIPLE CHOICE,ASSURED EXCELLENCE
Thabo Mokoena, a 34-year-old man from Soweto, was
convicted in the Johannesburg Regional Court in February 2024
on three counts of armed robbery, one count of possession of
an unlicensed firearm, and one count of assault with intent to
do grievous bodily harm. The incidents occurred over a six-
month period in 2023, during which Mokoena and two
accomplices targeted small spaza shops in the area. Surveillance
footage showed Mokoena brandishing a firearm and physically
assaulting one shop owner who tried to resist. Mokoena has a
criminal record: he was previously convicted in 2017 for
housebreaking and theft, for which he received a three-year
suspended sentence. That sentence was later activated when
he was found guilty of possession of stolen property in 2019,
resulting in 18 months of imprisonment. He was released in
2020. During the trial, the court heard that Mokoena grew up in
a high-crime area, dropped out of school in Grade 9, and has
been unemployed since his release from prison. A probation
officer’s report indicated that Mokoena has expressed remorse
and is willing to participate in rehabilitation programmes. He
currently lives with his elderly mother and two young children,
whom he supports intermittently. The prosecution argued for a
minimum sentence of 15 years’ imprisonment in line with the
, Criminal Law (Sentencing) Amendment Act, as the crimes
involved the use of a firearm. The defence pleaded for leniency,
suggesting periodic imprisonment or correctional supervision,
citing Mokoena’s willingness to reform and the potential
negative impact of long-term imprisonment on his family.
CMY3704/2025 4 The presiding judge sentenced Mokoena to a
total of 18 years’ imprisonment, with sentences running
consecutively. No form of suspension or periodic imprisonment
was granted. The judge cited the seriousness of the offences,
the use of a firearm, and Mokoena’s prior record as justifying
the harsh sentence. Recent Context: Overcrowding and Public
Debate This case comes amid growing public concern over
prison overcrowding in South Africa. According to the
Department of Correctional Services (2023), South African
prisons operate at 132% of their capacity. In 2020, during the
peak of the COVID-19 pandemic, over 19,000 inmates were
released on special parole to reduce the spread of the virus in
overcrowded facilities (News24, 2020). This sparked national
debate on the effectiveness and necessity of mass
imprisonment. More recently, the case of Nkepile Mabuse, a
first-time offender sentenced to five years for fraud involving
R450,000 from her employer, also drew public attention. The
sentence was criticised as excessive, with many arguing that
correctional supervision or community service would have been
more appropriate, especially given her lack of prior record and
